Items bought in sale but lost by courier

in Consumer rights
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Eilidh1970Eilidh1970 Forumite
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Just wondered if anyone knows what consumer rights I would have in this situation. Ordered some items from The Body Shop sale, which were all at least half price. The order has been confirmed as lost by the courier. The Body Shop's customer service is now saying the same items are not all in stock, but I can choose replacement items of the same cost. The obvious problem being that there is now no sale on, so the items are all full price and the order would be lower value. This doesn't seem a fair exchange to me. Do I have any rights other than just requesting a refund? 

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  • edited 23 January at 3:19PM
    elsienelsien Forumite
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    edited 23 January at 3:19PM
    You  have the right to be put back in the same position as you were when you started. Which is what a refund offers you. You don’t have the right to insist on different items at a cheaper price than they are now been sold at.
    It’s not Bodyshops fault that the items have been lost either, And offering you replacements at a cheaper price is leaving them even more out of pocket. That would be a goodwill gesture on their part and one that they don’t seem to be prepared to make.

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Eilidh1970Eilidh1970 Forumite
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    Thanks. I am hoping they have some way of claiming against the courier company for the lost order, which occurred after the courier had emailed to say they had it. 
  • MattMattMattUKMattMattMattUK Forumite
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    Thanks. I am hoping they have some way of claiming against the courier company for the lost order, which occurred after the courier had emailed to say they had it. 
    Courier compensation rates for non-insured shipments are minimal, they will have costed a loss rate into their business model, it is how anyone who sells a lot online will plan their business to account for a percentage of shipments being lost or damaged in transit.
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